Superior Court Ejectment

V.S.A. tit. 12, ch. 169, subch. 3

in effect

12 V.S.A. § 4851 Issuance of process by Superior judge

4851. Issuance of process by Superior judge When the lessee of lands or tenements, either by parole or written lease, or a person holding under the lease, holds possession of the demised premises without right, after the termination of the lease by its own limitation or after breach of a stipulation contained in the lease by the lessee or a person holding under the lessee, the person entitled to the possession of the premises may have from the presiding judge of the Superior Court a writ to restore him or her to the possession thereof. Amended 1971, No. 185 (Adj. Sess.), § 138, eff. March 29, 1972; 1973, No. 249 (Adj. Sess.), § 28, eff. April 9, 1974; 1989, No. 221 (Adj. Sess.), § 7, eff. Oct. 1, 1990.

12 V.S.A. § 4852 Mode of process; declaration; trial by jury

4852. Mode of process; declaration; trial by jury The process may issue as a summons or writ of attachment, requiring the defendant to appear and answer to the complaint of the plaintiff which shall state that the defendant is in the possession of the lands or tenements in question (describing them), which the tenant holds unlawfully and against the right of the plaintiff. A copy of the rental agreement, if any, and any notice to terminate the defendant’s tenancy shall be attached to the complaint. Either party shall have the right to a trial by jury. Amended 1971, No. 185 (Adj. Sess.), § 139, eff. March 29, 1972; 1973, No. 249 (Adj. Sess.), § 29, eff. April 9, 1974; 1999, No. 115 (Adj. Sess.), § 9.

12 V.S.A. § 4853 Service of process

4853. Service of process The process shall be served and notice given as in other civil actions. Amended 1971, No. 185 (Adj. Sess.), § 140, eff. March 29, 1972; 1973, No. 249 (Adj. Sess.), § 30, eff. April 9, 1974.

12 V.S.A. § 4853a Payment of rent into court; expedited hearing

4853a. Payment of rent into court; expedited hearing [Subsection (a) as amended by 2007, Act No. 125 (Adj. Sess.), § 1.] (a) In any action against a tenant for possession, the landlord may file a motion for an order that the tenant pay rent into court. The motion may be filed and served with the complaint or at any time after the complaint has been filed. The motion shall be accompanied by affidavit setting forth particular facts in support of the motion. [Subsection (a) as amended by 2007, Act No. 176 (Adj. Sess.), § 51.] (a) In any action against a tenant for possession brought in accordance with this chapter, 9 V.S.A. chapter 137, 10 V.S.A. chapter 153, or 11 V.S.A. chapter 14, the landlord may file a motion for an order that the tenant pay rent into court. The motion may be filed and served with the complaint or at any time after the complaint has been filed. The motion shall be accompanied by affidavit setting forth particular facts in support of the motion. (b) A hearing on the motion shall be held any time after 14 days’ notice to the parties. If the tenant appears at the hearing and has not been previously defaulted, the court shall not enter judgment by default unless the tenant fails to file a written answer within 14 days after the hearing. Any rent escrow order shall remain in effect notwithstanding the issuance of a default judgment but shall cease upon execution of a writ of possession. (c) Any memorandum in opposition filed by the defendant pursuant to Rule (7)(b)(6) of the Vermont Rules of Civil Procedure shall be accompanied by affidavit setting forth particular facts in support of the memorandum. (d) If the court finds the tenant is obligated to pay rent and has failed to do so, the court shall order full or partial payment into court of rent as it accrues while the proceeding is pending and rent accrued from the date of filing with the court the complaint for ejectment or the date the summons and complaint for ejectment were served on the tenant pursuant to Rule 3 of the Vermont Rules of Civil Procedure, whichever occurs first. (e) All funds paid into court shall be made payable to the court clerk by money order, certified check, cash, or any other means that guarantees the availability of the funds for distribution after a hearing on the merits. The funds shall be distributed forthwith in accordance with the final order from the trial court. (f) The landlord may at any time by motion apply to the court for disbursement of all or part of the funds paid into court. The motion for disbursement shall be accompanied by affidavit setting forth particular facts in its support. If the court finds that the landlord is in actual danger of loss of the premises or other personal hardship resulting from the loss of rental income, it may award all or any portion of the funds under deposit to the landlord. (g) The tenant may at any time by motion apply to the court to reduce the amount ordered to be paid into court under this section. The motion for reduction shall be accompanied by affidavit setting forth particular facts in its support. (h) If the tenant fails to pay rent into court in the amount and on the dates ordered by the court, the landlord shall be entitled to judgment for immediate possession of the premises. The court shall forthwith issue a writ of possession directing the sheriff of the county in which the property or a portion thereof is located to serve the writ upon the defendant and, not earlier than seven days after the writ is served, or, in the case of an eviction brought pursuant to 10 V.S.A. chapter 153, 30 days after the writ is served, to put the plaintiff into possession. Added 1985, No. 175 (Adj. Sess.), § 3; amended 1993, No. 141 (Adj. Sess.), § 12, eff. May 6, 1994; 1999, No. 115 (Adj. Sess.), § 3; 2007, No. 125 (Adj. Sess.), § 1; 2007, No. 176 (Adj. Sess.), § 51; 2017, No. 11, § 18; 2021, No. 147 (Adj. Sess.), § 1, eff. May 31, 2022; 2023, No. 46, § 8, eff. June 5, 2023.

12 V.S.A. § 4853b Unlawful occupant; expedited hearing

4853b. Unlawful occupant; expedited hearing (a)(1) In an action for ejectment, the landlord, the landlord’s agent, or the tenant may file a motion for a judgment that the plaintiff is entitled to immediate possession of the premises on the grounds that the defendant is a person that is occupying a dwelling unit without right or permission and the written rental agreement for the dwelling unit prohibits subleasing pursuant to 9 V.S.A. § 4456b(a)(2). (2) The motion may be filed and served with the complaint or at any time after the complaint has been filed. The motion shall be accompanied by an affidavit setting forth particular facts in support of the motion and a copy of the lease agreement. (b) A hearing on the motion shall be held any time after 10 days’ notice to the parties. (c) At any time before the hearing, the defendant may oppose the motion pursuant to Rule (7)(b)(6) of the Vermont Rules of Civil Procedure by filing an affidavit, a signed written statement, or a memorandum in opposition to the motion. The affidavit, signed written statement, or memorandum shall set forth particular facts to show that a genuine dispute of fact exists in relation to the motion. (d)(1) If the defendant fails to appear for the hearing, or to file an affidavit, signed written statement, or memorandum in opposition to the plaintiff’s motion, or has failed to file an answer in the time provided pursuant to Rule 12 of the Vermont Rules of Civil Procedure, the plaintiff shall be entitled to judgment by default for immediate possession of the premises. (2) If the court finds that the defendant is a person that is occupying the dwelling unit without right or permission and the written rental agreement for the dwelling unit prohibits subleasing pursuant to 9 V.S.A. § 4456b(a)(2), the court shall grant the plaintiff’s motion and issue judgment in favor of the plaintiff for immediate possession of the premises. (e) If the court issues judgment in favor of the plaintiff pursuant to subsection (d) of this section, the court shall, on the date judgment is entered, issue a writ of possession directing the sheriff of the county in which the property or a portion thereof is located to serve the writ upon the defendant and, not sooner than five days after the writ is served, to put the plaintiff into possession. (f) At any time prior to the execution of the writ of possession, the defendant may file an affidavit, signed written statement, or a motion with the court setting forth facts demonstrating that the defendant is occupying the premises lawfully. The court shall treat an affidavit, signed written statement, or a motion filed under this subsection as a motion pursuant to Rule 59 or 60 of the Vermont Rules of Civil Procedure, as appropriate. Added 2015, No. 126 (Adj. Sess.), § 5; amended 2021, No. 147 (Adj. Sess.), § 2, eff. May 31, 2022.

12 V.S.A. § 4854 Judgment for plaintiff; writ of possession

4854. Judgment for plaintiff; writ of possession If the court finds that the plaintiff is entitled to possession of the premises, the plaintiff shall have judgment for possession and rents due, damages, and costs, and when a written rental agreement so provides, the court may award reasonable attorney’s fees. A writ of possession shall issue on the date judgment is entered, unless the court for good cause orders a stay. The writ shall direct any sheriff to serve the writ upon the defendant and, not earlier than 14 days after the writ is served, to put the plaintiff into possession. Amended 1979, No. 2, § 1, eff. Feb. 14, 1979; 1985, No. 175 (Adj. Sess.), § 2; 1999, No. 115 (Adj. Sess.), § 4; 2007, No. 176 (Adj. Sess.), § 52; 2017, No. 11, § 19; 2025, No. 13, § 1, eff. May 5, 2025.

12 V.S.A. § 4854a Property of tenant remaining on premises after eviction

4854a. Property of tenant remaining on premises after eviction (a) A landlord may dispose of any personal property remaining in a dwelling unit or leased premises without notice or liability to the tenant or owner of the personal property: (1) 15 days after a writ of possession is served pursuant to this chapter or upon the landlord being legally restored to possession of the dwelling unit or leased premises pursuant to this chapter, whichever is later; or (2) in the case of an eviction brought pursuant to 10 V.S.A. chapter 153, 40 days after a writ of possession issued for failure to pay rent into court pursuant to subsection 4853a(h) of this title is served or upon the landlord being legally restored to possession of the leased premises by a writ of possession issued for failure to pay rent into court pursuant to subsection 4853a(h) of this title, whichever is later. (b) Notwithstanding subsection (a) of this section, if the court stays the execution of a writ of possession issued pursuant to this chapter, then a landlord may dispose of any personal property remaining in a dwelling unit or leased premises without notice or liability to the tenant or owner of the personal property one day after the landlord is legally restored to possession of the dwelling unit or leased premises. Added 2011, No. 137 (Adj. Sess.), § 11, eff. May 14, 2012; amended 2015, No. 9, § 1.

12 V.S.A. § 4855 Close jail execution, when not to issue

4855. Close jail execution, when not to issue When such judgment includes rent for the use of leased premises prior to the giving of notice to quit, the court shall not certify on an execution issued thereon that the cause of action arose from the willful and malicious act and neglect of the defendant, and that the defendant ought to be confined in close jail.

12 V.S.A. § 4856 Judgment for defendant; execution

4856. Judgment for defendant; execution When the plaintiff’s complaint is dismissed or he or she does not prove his or her right to the possession, the defendant shall have judgment for his or her costs, and execution therefor. Amended 1971, No. 185 (Adj. Sess.), § 141, eff. March 29, 1972.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/12/169Fetched: 10/21/2026